Cleveland Heights City Zoning Code

TITLE THREE

District Regulations

1121.01 PURPOSE.

Cleveland Heights is a City primarily consisting of single-family residences, most of which are owner-occupied. Single-family residences are extremely sensitive to adverse effects from other land uses and require high standards for occupancy and use of the principal building as well as location and use of accessory buildings if these areas are to be maintained and to continue to be good places in which to live. In addition, certain parts of Cleveland Heights have been developed primarily with two-family residences having a similar character to the single-family districts, and it is appropriate that there be a zoning district for this distinctive use. Single-family and two- family district regulations are established to achieve the following particular objectives:

(a) The AA Single-Family District is established to provide for single-family residential uses with a minimum lot size of 15,000 square feet, compatible with the existing larger lot developments in areas so defined, as a means of preserving the unique character of these areas.

(b) The A Single-Family District is established to provide for single-family residential uses on smaller lots with a minimum of 7,500 square feet.

(c) The B Two-Family District is established to permit single-family units on lots with a minimum of 7,500 square feet and two-family residential uses with a minimum lot size of 10,000 square feet.

(d) To encourage as a conditional use flexible residential development to promote creative and efficient use of land through unified development.

(e) To regulate the location and lot coverage of accessory uses, buildings and structures so as to permit such uses to be established and maintained in a manner which makes them compatible with the existing residential neighborhoods.

(f) To encourage sustainable development and practices in residential neighborhoods.

(Ord. 20-12. Passed 5-21-12.)

1121.02 PERMITTED USES.

(a) In the AA or A Single-Family Districts or B Two-Family District, land and structures shall be used or occupied, or structures shall be erected, constructed, enlarged, moved, or structurally altered only for a principal use specified, or a conditional use in accordance with Title Seven, or an accessory use to a permitted principal or conditional use as regulated herein. Sections 1121.03 through 1121.05 enumerate those uses that may locate in each AA, A and B District as a matter of right, either as a principal or accessory use, and those uses which may locate in a given district only upon obtaining a conditional use permit.

(b) Although a use may be indicated as permitted or conditionally permitted in a particular district, it shall be approved on a parcel only when it can be located thereon in full compliance with all of the standards and other regulations of this Zoning Code applicable to the specific use and parcel in question.

(Ord. 025-2023. Passed 6-5-23.)

1121.03 PRINCIPAL USES.

When denoted by the letter P, a use listed below is a principal use permitted by right in the AA and A Single-Family and B Two-Family Residential Districts provided that all requirements of the Codified Ordinances and this Zoning Code have been met.

	Land Use Category	AA District	A District	B District
(a)	Single-Family Detached Dwellings	P	P	P
(b)	Two-Family Dwellings			P

(Ord. 025-2023. Passed 6-5-23.)

1121.04 CONDITIONALLY PERMITTED USES.

The categories of conditional uses which may (together with their accessory uses) be permitted in the AA and A Single-Family and B Two-Family Residential Districts, provided they conform to the conditions, standards, and requirements of Title Seven and are approved for a particular zoning lot in accordance with the administrative provisions of Section 1115, shall include the following:

(a) Planned Residential Developments (PRD);

(b) Places of worship;

(d) Public libraries;

(e) Public safety facilities;

(f) Public and private parks and playgrounds;

(g) Public recreation facilities;

(h) Golf courses;

(i) Cemeteries;

(j) Public parking (surface parking lot, parking deck, or parking garage) as a principal use;

(k) Accessory parking for uses within a MF-1, MF-2, MF-3, C-1, C-2, C-2X, C-3, S-1, or S-2 District, subject to the regulations of Section 1153.05(f) and Chapter 1161;

(l) Day care center and preschool in a school or religious institution;

(m) Day care home;

(n) Home occupation in an accessory building;

(o) Outdoor community festivals;

(p) Satellite dish receiving antenna;

(q) Attached single-family dwelling units, newly constructed or formed by the resubdivision of existing side-by-side two-family dwellings, may be conditionally permitted in B Districts. In A, AA, and MF Districts, attached single-family dwelling units may be conditionally permitted on lots which contain legally non-conforming side-by-side two-family dwellings subject to the regulations of Sections 1153.03(b)(50) & 1153.05(aa);

(r) Adaptive reuse of non-residential buildings in residential districts;

(s) Farmers’ markets; and

(t) Community gardens.

(Ord. 010-2025. Passed 2-18-25.)

1121.05 ACCESSORY USES.

Accessory buildings, structures, and uses subject to the regulations in Section 1121.12 and as noted, are permitted in association with and subordinate to a permitted or conditionally permitted use in the AA and A Single-Family and B Two-Family Residential Districts and are limited to the following:

(a) Private parking garages and related residential off-street parking, subject to the regulations of Chapter 1161;

(b) Signs, subject to the regulations of Chapter 1163;

(d) Swimming pools and associated pool house;

(e) Porches, decks, patios, and gazebos;

(f) Storage shed, and other similar buildings for the storage of domestic supplies;

(g) Fences;

(h) Noncommercial greenhouse not to exceed twenty-five percent (25%) of ground floor area of the principal building;

(i) Vegetable/edible and flower gardens;

(j) Children's play equipment;

(k) Gatehouse, guard house;

(l) Parking of non-passenger vehicles, subject to the regulations of Section 1165.02(c);

(m) Parking of recreational vehicles, subject to the regulations of Section 1165.02(d);

(n) Portable on-demand storage structures, subject to the regulations of Section 1165.02(f);

(o) Rain barrels and above-ground cisterns;

(p) Laundry clotheslines;

(q) Ornamental pool;

(r) Compost bins subject to the regulations of Section 1121.12(o); and

(s) Chicken coops or runs, subject to the regulations of Section 1153.05(gg).

(Ord. 025-2023. Passed 6-5-23.)

1121.06 MINIMUM LOT AREA AND WIDTH REGULATIONS.

The minimum area and width of a lot that may be used for purposes of a dwelling are specified below.

District	Type of Dwelling	Minimum Lot Area (Square Feet)	Minimum Lot Width at Building Line (Feet)
AA	Single-Family	15,000	100
A	Single-Family	7,500	50
B	Single-Family	7,500	50
B	Two-Family	10,000	60

(Ord. 20-2012. Passed 5-21-12.)

1121.07 MINIMUM LOT FRONTAGE.

Every zoning lot or tract of land shall have a width at the front lot line of not less than twenty-five (25) feet, and at no point shall the width be less than twenty-five (25) feet between the front lot line and the building line.

(Ord. 20-2012. Passed 5-21-12.)

1121.08 YARD REQUIREMENTS FOR PRINCIPAL USES.

(a) Primary and Secondary Front Yards. For each principal use located in the AA, A, and B Districts, front yards shall be provided in accordance with the dimensions specified in the following table, and shall be no less than the building setback line for its lot shown on the Zoning Map.

Schedule 1121.08(a)

FRONT YARD SETBACKS

District		Minimum Yard in Feet	Maximum Yard in Feet
AA	Primary Front Secondary Front	30 20	No maximum No maximum
A	Primary Front Secondary Front	25 15	No maximum No maximum
B	Primary Front Secondary Front	20 10	No maximum No maximum

(b) Side Yards. For each principal use located in the AA, A, and B Districts, side yards shall be provided in accordance with the dimensions specified in the following table, and shall be no less than the building setback line for its lot shown on the Zoning Map.

Schedule 1121.08(b)

SIDE YARD SETBACKS

District	Minimum Yard in Feet	Maximum Yard in Feet
AA	10	No maximum
A	5	No maximum
B	5	No maximum

(Ord. 010-2025. Passed 2-18-25.)

1121.09 DWELLING UNIT REQUIREMENTS.

In order to provide healthful living conditions and to preserve the character of the neighborhood, dwelling units shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum floor areas of dwelling units.

(a) Minimum Area of Dwelling Unit. The minimum floor area of a dwelling unit shall not be less than specified below. For the purpose of determining the minimum floor area, porches, steps, terraces, breezeways, attached parking garages, or other attached structures not intended for human occupancy shall be excluded.

District	Type of Dwelling	Minimum Floor Area Per Dwelling Unit (In Square Feet)
AA	Single Family	2,000
A	Single Family	1,500
B	Single Family	1,500
B	Two Family	1,000

(Ord. 70-2021. Passed 11-1-21.)

1121.10 HEIGHT REGULATIONS.

In AA and A Single-Family and B Two-Family Districts, the height of any building for a permitted principal use shall not exceed thirty-five (35) feet or two and one-half (2-1/2) stories, except for appurtenances as regulated in Section 1165.04.

(Ord. 20-2012. Passed 5-21-12.)

1121.11 BUILDINGS PERMITTED ON A ZONING LOT.

There shall be not more than one (1) single-family or, where permitted, one (1) two-family dwelling located on a zoning lot, except as otherwise provided for in this Zoning Code, and both units of a two-family dwelling shall be within the same building.

(Ord. 20-2012. Passed 5-21-12.)

1121.12 ACCESSORY USE REGULATIONS.

Accessory uses, buildings and structures permitted in AA, A and B Districts shall conform to the location, coverage and maintenance standards contained in this section. Attached private parking garages are subject to all yard requirements for a principal building specified in Section 1121.08 and shall comply with the floor area regulations for private parking

garages established in subsection (e) hereof.

(a) Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an AA, A or B District shall be located as set forth in Schedule 1121.12(a), however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections (b) through (p).

Schedule 1121.12(a)

MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES

		Minimum Distance (in feet) From
Permitted Use, Structure, Building	Yard in Which Permitted	Rear Lot Line	Side Lot Line	Secondary Frontage Lot Line (for a corner lot)	Principal Building
(1) Detached private parking garage	Rear	3(a)(i)	3(i)	25(b)	0
(1) Detached private parking garage	Side	5(a)(i)	(c)(i)	25(b)	0
(2) Pool house, other similar buildings	Rear only	5	5	(e)	0
(3) Swimming pool (above and below ground)	Rear and side	15	15	15(b)	5
(4) Deck, porch, handicap ramp, steps, and similar structures exceeding 3 feet in height (f)	Rear and side	5	5	(d)	0
	Primary Front		See Section 1121.12(b)
(5) Deck, patio, porch steps, ornamental pool, coldframe and similar structures not exceeding 3 feet in height (f)	Rear and side	3	3	(d)	0
	Primary Front		See Section 1121.12(b)
(6) Fences exceeding 4 feet in height	Rear, side, primary front, and secondary front	(g)	(g)	(g)	0(g)
(7) Fences not exceeding 4 feet in height (k)	Side, rear, primary front and secondary front	0(g)	0(g)	0(g)	0(g)
(8) Sidewalk and driveway	Side, rear, primary front and secondary front	3	3	NA	0
(9) Hot tubs	Rear and side	5	5	NP	5

		Minimum Distance (in feet) From
Permitted Use, Structure, Building	Yard in Which Permitted	Rear Lot Line	Side Lot Line	Side Street (Corner Lot)	Principal Building
(10) Freestanding air conditioning machinery, emergency generator, above-ground components of geothermal energy systems, and other similar equipment	Rear and side, except not in required minimum side yard (see Section 1121.08) and standard screening, see note (m).	3	AA-10 & A&B-5	NP	NA
(11) Rain Barrels and Above Ground Cisterns (j)	Rear, side, primary front and secondary front	(j)	(j)	(j)	0
(12) Laundry clothesline	Rear only	3	3	NA	0
(13) Vegetable/edible gardens	Rear, side, primary front and secondary front (l)	0 0(l)	0 0(l)	0 0(l)	0 0(l)
(14) Compost Bin(s) (n)	Side and rear	3	3	NA	3
(15) Chicken coop and run	Rear	10	10	NA	10
(16) Storage sheds	Rear	3	3	(e)	0

Notes to Schedule 1121.12(a)

NA Not Applicable

NP Not Permitted

(a) When the rear yard of a corner lot abuts the side yard of the adjacent lot, a detached private parking garage shall be located no less than five (5) feet from the rear lot line.

(b) Or no closer to the side street than the principal building, whichever is greater.

(d) See Section 1121.12(b).

(e) Shall be no closer to the side street than the principal building, unless specifically permitted elsewhere in this Zoning Code.

(f) "Height" of a deck, porch, ramp, or steps means the vertical distance from the average finished ground elevation to the top of the floor surface.

(g) See Section 1121.12(i) for additional fence regulations.

(h) See Section 1165.02(c) for parking of non-passenger vehicles. See Section 1121.12(k) for parking pad regulations.

(i) The Zoning Administrator may approve reduced rear and side yard setbacks for a detached private parking garage, provided that in no event shall the Zoning Administrator approve setbacks less than those of an existing or previously existing detached private parking garage on the property and shall adhere to all applicable Building Code regulations.

(j) See Section 1121.12(m) for additional regulations.

(k) Reserved.

(l) See Section 1121.12(l) for additional vegetable/edible garden regulations.

(m) Standard screening means a fence, masonry wall or evergreen hedge which is eighty percent

(80%) or more solid and either six (6) feet high or a height adequate to screen the view

from a person six (6) feet tall standing on a public street or on adjacent property.

(n) See Section 1121.12(o) for additional compost bin regulations.

(b) Permitted Structures in Primary and Secondary Front Yard. Unenclosed porches, decks, and patios may extend into a primary or secondary front yard no more than twelve (12) feet in front of the building provided that it does not extend more than six (6) feet into a required primary front yard. Steps, ramps and lifts of the accessory structure may extend into the primary or secondary front yard subject to Zoning Administrator review and approval.

(c) Maximum Primary Front and Side Yard Coverage. Accessory structures permitted in a primary front or side yard (as set forth in Schedule 1121.12(a), including buildings, structures, or pavement) shall cover no more of the primary front and side yard than set forth below:

(1) Maximum coverage of the primary front yard shall be thirty percent (30%), provided that the area of pavement for sidewalks and driveways shall not exceed the following:

A. 2,000 square feet total area for a lot with seventy-five (75) feet or less of street frontage.

B. 3,000 square feet total area for a lot with more than seventy-five (75) feet of street frontage.

(2) The maximum coverage of the secondary front yard shall be thirty percent (30%).

(3) Pervious pavers/materials shall count seventy-five percent (75%) towards any calculations set forth in this subsection.

(d) Maximum Area and Rear Yard Coverage of Accessory Uses. The percent of rear yard covered by accessory uses, buildings and structures (limited to those permitted in Sections 1121.05 and 1121.12) and the maximum floor area of such accessory use, building or structure, shall not be greater than as set forth in Section 1121.12(d). The area of building, structure or pavement shall be the maximum area of land on which, or above which, such building, structure or pavement is constructed. The percentage shall be the area of building, structure and/or pavement in ratio to the area of the rear yard. However, in no case shall an accessory use, building or structure exceed the maximum area set forth in Schedule 1121.12(d). Pervious pavers/materials shall count seventy-five percent (75%) towards any calculations set forth in this subsection.

Schedule 1121.12(d)

MAXIMUM AREA AND REAR YARD COVERAGE

	Maximum Percentage of Rear Yard Coverage			Maximum Area (in sq. ft.)
Permitted Use, Building Structure	AA and A District	B District	AA District	A District	B District
(1) Accessory building	20(a)(f)	30(a)(f)	(d)	(d)	1,200(d)
(2) Accessory structures exceeding 3 feet in height (g)	15	15	2,000	2,000	2,000
(3) Pavement related to parking, including driveway	30(b)	30(b)	2,000	2,000	2,000
(4) Accessory structures not exceeding 3 feet in height, including sidewalks and patios (h)	60	60	6,500	4,000	4,000
(5) Total maximum rear yard coverage (e)	60	60	12,000	----	----

Notes to Schedule 1121.12(d)

(a) Nonconforming lots may be permitted to have up to forty percent (40%) rear yard coverage by accessory buildings subject to Zoning Administrator approval of landscaping and screening plan which addresses stormwater management and minimizes adverse impact on neighboring lots. Total rear yard coverage shall not exceed seventy percent (70%).

(b) Nonconforming lots may be permitted to have up to forty percent (40%) rear yard coverage by pavement or unenclosed parking subject to Zoning Administrator approval of landscaping and screening plan which addresses stormwater management and minimizes adverse impact on neighboring lots. Total rear yard coverage shall not exceed seventy percent (70%).

(d) See also Section 1121.12(e) for maximum floor area of a private parking garage.

(e) While each specific category (1-4) has a maximum size limitation, the total coverage of all accessory uses shall not exceed the area limit for the rear yard.

(f) On a corner lot, a private parking garage may cover up to sixty percent (60%) of rear-yard area. Total permitted rear-yard coverage on a corner lot is eighty percent (80%) of rear-yard area.

(g) For the purposes of maximum area and rear yard coverage, fences shall be excluded.

(e) Supplemental Regulations for Enclosed Parking Spaces, Private Parking Garages, and Accessory Parking Spaces.

(1) Maximum Number of Private Parking Garages. A single-family dwelling shall be permitted no more than one (1) attached and one (1) detached parking garage. A two-family dwelling shall be permitted no more than one (1) attached and one (1) detached garage.

(2) Maximum Floor Area of Private Parking Garages. For a single-family dwelling, the total maximum floor area of all parking garages shall be 600 square feet plus one (1) additional square foot of parking garage area for every fifteen (15) square feet of lot area greater than 6,000 square feet. However, the area of the parking garage(s) shall not exceed 1,300 square feet. For a two-family dwelling, the total maximum floor area of all parking garages shall be 1,300 square feet.

(3) Design Standards for Private Parking Garages.

A. Any attached private parking garage should be designed to be compatible and complimentary of the primary residence, including materials, color, roof design, and massing, and should not be the dominant structure on the site.

B. Any attached private parking garage shall be located at least five (5) feet behind the front façade of the primary structure. A new attached private parking garage on a corner lot shall be set back at least five (5) feet from the façade of the primary structure on the side that contains the driveway.

C. The garage doors of any private parking garage may face the street, side, or rear property lines.

(Ord. 70-2021. Passed 11-1-21; Ord. 010-2025. Passed 2-18-25.)

(f) Maximum Number of Accessory Buildings. A maximum of two (2) detached accessory buildings shall be permitted on a zoning lot.

(g) Maximum Height of Accessory Structures. A permitted accessory structure shall not exceed fifteen (15) feet in height, except as otherwise regulated in this Code.

(h) Swimming Pools. In addition to the location and coverage regulations set forth in this section, swimming pools shall be subject to the following additional regulations.

(1) Swimming pools shall be located in association with a permitted principal use and shall be used for private recreational purposes by the residents or in connection with a non-profit institution and not operated as a business.

(2) Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction not less than six (6) feet in height, so constructed as not to permit access to such pool except by means of a necessary gate which shall be self-closing and self-latching construction and operation.

(3) Outdoor lighting shall be arranged so as not to shine on adjacent property.

(i) Fences. Fences and walls to be erected, placed and maintained on a lot shall be approved by the Building Commissioner and a fence permit issued unless otherwise noted. The appearance and height of fences shall be reviewed by the Zoning Administrator and regulated and limited by its location on the lot as follows:

(1) A fence or wall located in a primary front yard shall have a maximum height of four (4) feet above ground level and shall require Architectural Board of Review approval. Fences within ten (10) feet of an intersection shall comply with Section 1165.03(e) and shall require Architectural Board of Review approval.

(2) Except as limited in subsection (i)(5) hereof, fences and walls located in a side or rear yard shall not exceed six (6) feet above ground level provided that a fence or wall may be located parallel to a principal building no closer than a distance equal to the height of the fence or wall.

(3) When a side yard fence having a length greater than ten (10) feet is parallel to and visible from the public street, it shall be landscaped according to an approved landscape plan.

(4) A fence or wall located in a secondary front yard shall have a maximum height of six (6) feet above ground level and shall require Architectural Board of Review approval.

(5) All structural members shall be on the interior side of such fence.

(6) No chain link, mesh, wire, or barbed wire fence shall be constructed in a primary or secondary front yard.

(7) Deer net fencing is temporary during growing seasons and no fence permit required:

A. Deer net fencing around vegetable/edible and flower gardens is permitted and is limited to a maximum height of six (6) feet, including all posts.

B. Proper installation is required, including six (6) inches of the fence grid flared onto the ground to prevent deer from pushing underneath the fence.

C. Deer net fencing is permitted in community gardens with no location limitations.

(8) Chicken coops and runs - no fence permit required. See Section 1153.05(gg) for additional regulations.

(9) Fences that run parallel to accessory buildings must be a minimum of three (3) feet from the parallel building wall.

(10) All fencing shall comply with the regulations of Section 1165.03(e).

(j) Residential Use of Existing Carriage House. In an AA or A District there shall be only one (1) dwelling unit on a lot except that an existing carriage house may continue as a nonconforming dwelling unit in compliance with the following:

(1) The carriage house shall have been occupied (regardless of the length of time), designed for, constructed for, or intended for residential occupancy and legally constructed or created prior to the adoption of this Zoning Code.

(2) Alterations to the carriage house shall be subject to the regulations of Sections 1173.01(a) and (b).

(3) For the purposes of this section, the occupants of the carriage house shall be considered as part of the family of the principal dwelling unit and shall comply with the family definition.

(k) Single Family and Two-Family Residential Parking Pad. In an AA, A, or B District, single-family and two-family dwellings are permitted to utilize a paved parking pad as part of the required parking.

(1) Parking pads may be located in the side or rear yard but must be located three (3) feet from any lot line. Parking pads are prohibited in the primary and secondary front yard or forward of the front building line.

(2) Any driveways that access the parking pad must meet the requirements of this Zonng Code for single-family and two-family residential driveways.

(3) The maximum coverage requirements for the lot may not be exceeded to accommodate a parking pad.

(4) Paving pads must be surfaced and maintained in accordance with Section 1161.11(d). Paving with semi-pervious materials, permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete, is encouraged. However, a semi-pervious parking pad or driveway is still subject to the coverage requirements of each individual yard.

(l) Vegetable/Edible Gardens. Vegetable/edible gardens are allowed in all yards in the residential districts. Any vegetable/edible garden located in the primary and secondary front yard must comply with the following standards:

(1) Vegetable/edible gardens must be kept weed-free between plants and rows.

(2) There shall be no trash or debris in the vegetable/edible gardens.

(3) Vegetable/edible gardens are required to be harvested on a regular basis.

(4) The vegetable/edible gardens must be designed and maintained so that water and fertilizer will not drain onto adjacent property or the public right-of- way.

(5) Use of insecticides made from synthetic chemical materials is prohibited. Acceptable alternatives, applied in accordance with established safe handling instructions, include rotenone, pyrethrin and Safer Soap.

(6) The use of herbicides and weed killers is discouraged.

(7) Areas of dry, loose soil that may be moved by wind must be covered by mulch or otherwise confined.

(Ord. 70-2021. Passed 11-1-21; Ord. 010-2025. Passed 2-18-25.)

(m) Rain Barrels and Above Ground Cisterns.

(1) Rain barrels and above ground cisterns are permitted in the rear, primary and secondary front yards.

(n) Chicken Coops and Runs. The keeping of chickens shall be permitted as a conditional use on the property subject to the regulations of Section 1153.05(gg).

(o) Compost bins. Compost bins are permitted in the rear and side yard subject to the following maintenance standards:

(1) The organic waste must be generated and used on-site.

(2) An in-vessel is required (an enclosed container with no openings greater than one quarter (1/4) inch) for organic waste.

(3) Composting activities must:

A. Not create a nuisance (odor, litter, dust or noise, or attracts vectors or pests).

B. Provide a rat and other vector (insects, rodents, birds and other vectors or pest) control. Control measures may include grinding ingredients, providing screening or netting, or conducting composting operations in an in-vessel.

C. Provide surface water control to prevent composting material from sitting in ponded seepage surface water.

D. Not contain sewage, sludge, seepage or catch basin waste.

E. Composting of animal flesh is prohibited.

(4) Compost bins must be a minimum of three (3) feet from property line and a minimum of three (3) feet from any building foundation.

(Ord. 105-2017. Passed 1-16-18; Ord. 010-2025. Passed 2-18-25.)

(p) Driveways. In addition to the location and coverage regulations set forth in this section, residential driveways shall be subject to the following additional regulations:

(1) Only one driveway and one curb cut shall be permitted per lot except lots 100' wide or greater shall be permitted one (1) additional curb cut which shall comply with Schedule 1121.12(a)(8);

(2) Pavement width.

(3) Shared driveways are permitted in accordance with Code Section 1161.105.

(Ord. 025-2023. Passed 6-5-23.)

1123.01 PURPOSE.

Apartments and other multiple-family dwellings occupy but a small part of the corporate area of Cleveland Heights yet this type of use accommodates about one-fourth (1/4) of the City's population. Three (3) zoning districts have been designed to accommodate multiple-family residential uses at varying densities to offer a variety of living environments. Each district is structured to permit more than one (1) principal building on a zoning lot.

(a) The MF-1 District is established to provide for townhouses and garden-type apartments where buildings are low in height and there is ample open space and parking on surface lots usually in the rear of the buildings. These are placed in the MF-1 District which has a minimum lot area per dwelling unit resulting in a density of approximately twelve (12) dwelling units an acre.

(b) The MF-2 District is established to provide for medium density developments of approximately twenty-five (25) dwelling units an acre.

(c) The MF-3 District is established to provide for very high density residential development in limited areas of Cleveland Heights. The standards for the MF-3 District permit development of approximately fifty-eight (58) dwelling units per gross acre.

(Ord. 010-2025. Passed 2-18-25.)

1123.02 PERMITTED USES.

(a) In the MF-1, MF-2 and MF-3 Multiple-Family Residential Districts, land and structures shall be used or occupied, or structures shall be erected, constructed, enlarged, moved or structurally altered only for a principal use specified, or a conditional use in accordance with Title Seven or an accessory use to a permitted principal or conditional use as regulated herein. Sections 1123.03 through 1123.05 enumerate those uses that may locate in each multiple-family residential zoning district as a matter of right, either as a principal or accessory use, and those uses which may locate in a given district only upon obtaining a conditional use permit.

1123.03 PRINCIPAL USES.

In the MF-1, MF-2 and MF-3 Multiple-Family Residential Districts, the following are principal uses permitted by right provided that all requirements of the Codified Ordinances and this Zoning Code have been met.

(a) Townhouses.

(b) Multiple-family dwellings.

(d) Public parking (surface lot).

(Ord. 025-2023. Passed 6-5-23.)

1123.04 CONDITIONALLY PERMITTED USES.

When denoted by the letter C, a use listed below is a conditional use which may (together with its accessory uses) be permitted in the MF-1, MF-2 and MF-3 Residential Districts provided it conforms to the conditions, standards and requirements of Title Seven and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1115.

	Land Use Category	MF-1 District	MF-2 District	MF-3 District
(a)	Planned Residential Development (PRD)	C
(b)	Places of worship	C	C	C
(c)	Elementary, junior and senior high schools	C	C	C
(d)	Colleges and universities	C	C	C
(e)	Special training schools and adult education facilities	C	C	C
(f)	Public libraries	C	C	C
(g)	Public safety facilities	C	C	C
(h)	Public and private parks and playgrounds	C	C	C
(i)	Public recreation facilities	C	C	C
(j)	Parking deck or private parking garage as a principal use	C	C	C
(k)	Accessory parking for uses within a C-1, C-2, C-2X, C-3, S-1 or S-2 District, subject to the regulations of Section 1153.05(f) and Chapter 1161	C	C	C
(l)	Day care center, preschool in a school or religious institution	C	C	C
(m)	Outdoor community facilities	C	C	C
(n)	Dormitories, fraternities, sororities	C	C	C
(o)	Lodging houses, boarding houses, convents, homes for the aged, other congregate living and residential care facilities	C	C	C
(p)	Nursing homes, intermediate and long-term care facility	C	C	C
(q)	Hospitals	C	C	C
(r)	Public use of public land	C	C	C
(s)	Public utilities	C	C	C
(t)	Satellite dish receiving antennas	C	C	C
(u)	Attached single-family dwelling units, newly constructed or formed by the resubdivision of existing side-by-side two-family dwellings, may be conditionally permitted in B Districts. In A, AA, and MF Districts, attached single-family dwelling units may be conditionally permitted on lots which contain legally non-conforming side-by-side two-family dwellings in accordance with the additional regulations and standards set out in Schedule 1153.03(b)(50) and Section 1153.05(aa).
(v)	Farmers’ Markets may be conditionally permitted in MF Districts subject to regulations and standards set out in Section 1153.05(dd).
(w)	Community Gardens may be conditionally permitted in MF Districts subject to regulations and standards set out in Section 1153.05(ee).
(x)	Live/work dwelling, subject to the regulations of Section 1165.02(i)	C	C	C

(Ord. 010-2025. Passed 2-18-25.)

1123.05 ACCESSORY USES.

When denoted by the letter A, a use listed below is an accessory use permitted in association with and subordinate to a permitted or conditionally permitted use in MF-1, MF-2 and MF-3 Multiple-Family Residential Districts, subject to the regulations of Section 1123.12 and are limited to the following:

	Land Use Category	MF-1 District	MF-2 District	MF-3 District
(a)	Private parking garages and related residential off-street parking, subject to the regulations of Chapter 1161.	A	A	A
(b)	Signs, subject to the regulations of Chapter 1163.	A	A	A
(c)	Home occupations, subject to the regulations of Section 1165.02(b)	A	A	A
(d)	Recreation and community room facilities, such as pools and tennis courts, for use by residents of an associated multiple-family development	A	A	A
(e)	Porches, decks, arbors, patios, gazebos	A	A	A
(f)	Storage shed and other similar buildings for the storage of domestic supplies	A	A	A
(g)	Fences	A	A	A
(h)	Noncommercial greenhouse not to exceed twenty-five percent (25%) of the ground floor area of the principal building	A	A	A
(i)	Vegetable/edible and flower gardens	A	A	A
(j)	Leasing office in a multiple-family dwelling or as part of a multiple-family development	A	A	A
(k)	Retail and service establishments not to exceed fifty percent (50%) of the area of the first floor of a multiple-family dwelling when such dwelling has at least 50 units, in accordance with Section 1123.12(b)			A
(l)	Guard house, gate house	A	A	A
(m)	Trash receptacles	A	A	A
(n)	Rain Barrels and Above Ground Cisterns	A	A	A

(Ord. 025-2023. Passed 6-5-23.)

1123.06 LOT AREA AND WIDTH REGULATIONS.

Land and buildings in the MF-1, MF-2 and MF-3 Districts shall be used in accordance with the density, lot area and lot width regulations set forth below.

		MF-1 District	MF-2 District	MF-3 District
(a)	Minimum land area per dwelling unit (in square feet) (1)	3,500	1,750	750
(b)	Minimum development area (in square feet)	20,000	20,000	20,000
(c)	Maximum dwelling units per acre	12.4	25	58
(d)	Minimum lot width at building line (in feet)	100	100	100
(e)	Minimum lot frontage (in feet)	60	60	60

Note:

(1) Units may be clustered on smaller areas of land than specified provided that the total development area maintains the required minimum land area per dwelling unit.

(Ord. 20-2012. Passed 5-21-12.)

1123.07 MINIMUM YARD REQUIREMENTS FOR PRINCIPAL USES.

The minimum depth or width of any yard separating any principal building or part thereof from the nearest lot line shall be not less than the minimum dimension set forth in Schedule 1123.07 and each front, side and rear yard shall not be obstructed by any structure except as otherwise provided in this Chapter.

			Minimum Dimension in Feet
Specified Yard			MF-1 District	MF-2 District	MF-3 District
(a)	Primary Front Yard		30	30	30
(b)	Side Yard
	(1)	Abutting a MF, C or S District	15(b)	15(b)	15(b)
	(2)	Abutting an AA, A or B District	15(b)	25(b)	25(a)(b)
(c)	Rear Yard
	(1)	Abutting a MF, C or S District	30	15	15
	(2)	Abutting an AA, A or B District	30	25	25(a)
(d)	Secondary Front Yard
	(1)	Abutting a MF, C or S District	30	30	30
	(2)	Abutting an AA, A or B District	30	30	30(a)

Notes to Schedule 1123.07:

(a) When the building height exceeds sixty-five (65) feet, the building shall be located no closer to a side or rear lot line than a distance equal to forty percent (40%) of the building height.

(b) Zero (0) foot side yard setback shall be permitted when townhouse dwelling abuts another townhouse dwelling in the same development.

(Ord. 010-2025. Passed 2-18-25.)

1123.08 BUILDING ARRANGEMENT AND SPACING OF MULTIPLE BUILDINGS ON A LOT.

In a multiple-family residential development, the following spacing shall be maintained between two (2) or more buildings, or two (2) or more walls of the same building, but need not be greater than sixty (60) feet.

(a) Between two (2) walls facing each other, the distance between two (2) such walls shall be no less than twenty (20) feet or equal to the height of the smaller building, whichever is greater.

(b) When the shorter of two (2) walls facing each other is greater than forty (40) feet in wall length, the distance between two (2) such walls shall have one (1) additional foot of spacing for each foot of wall length overlap greater than forty (40) feet.

(c) An additional one-half (0.5) foot of spacing shall be provided for each foot of building height greater than thirty-five (35) feet.

(d) Between a principal and accessory building, the distance shall be equal to the height of the accessory building but no less than ten (10) feet.

(Ord. 20-2012. Passed 5-21-12.)

ILLUSTRATION OF BUILDING ARRANGEMENT AN SPACE REGULATIONS FOR MULTIPLE BUILDINGS ON A LOT IN MF DISTRICTS.
Section 1123.08

(a) Minimum Spacing.

(b) Additional Spacing for Wall Length Greater than 40 Feet.

1123.09 ARRANGEMENT OF TOWNHOUSES.

A multiple-family development which is comprised of some or all townhouses shall be designed and arranged in accordance with the following:

(a) The arrangement of units within each building and between buildings shall maximize the privacy of each unit by providing screening walls and private yards where appropriate.

(b) Townhouse dwelling units shall comply with the spacing requirements set forth in Section 1123.08.

(Ord. 20-2012. Passed 5-21-12.)

1123.10 DWELLING UNIT REQUIREMENTS.

(a) Minimum Area of Dwelling Unit. In a MF Multiple Family Residential District, the minimum floor area for a dwelling unit shall be not less than specified below. For townhouse and multiple family dwellings, where applicable, measurements will be made to the center line of party walls. All areas within private parking garages, porches, public halls and general storage rooms in multiple family dwellings shall be excluded in this measurement.

	Minimum Floor Area (in square feet)
District	By Type of Unit Townhouse/Cluster Development	Multiple family dwelling
MF-1	1,250	500
MF-2	1,250	500
MF-3	1,250	500

(Ord. 025-2023. Passed 6-5-23.)

1123.11 HEIGHT REGULATIONS.

The maximum height of a principal or accessory building or structure in a MF-1, MF-2 and MF-3 Multiple-Family Residential District is set forth below, except as otherwise provided in Section 1165.04.

Zoning District	Principal Building (in feet)	Accessory Structure (in feet)
MF-1	35(b)	15
MF-2	45(b)	15
MF-3	(a)(b)	15

Note:

(a) Building height shall be limited by a maximum floor area ratio which shall not exceed one and one-half (1 1/2) building floor area to zoning lot area.

(b) Mechanical space for building equipment placed on the roof or a stair enclosure affording roof access may be allowed above the maximum height specified, provided that such mechanical space or roof access is set back a minimum of fifteen (15) feet from any exterior wall; does not exceed fifteen (15) feet in height; is not visible from the public street or is adequately screened.

(Ord. 010-2025. Passed 2-18-25.

1123.12 ACCESSORY USE REGULATIONS.

Accessory uses, buildings and structures permitted in a MF Multiple-Family District shall conform to the regulations of this section.

(a) Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an MF District shall be located as set forth in Schedule 1123.12 (a).

Schedule 1123.12(a)
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES

		Minimum Dimension in Feet Side/Rear Yard
Permitted Accessory Use		Front Yard	Abutting MF, C or S District	Abutting AA, A or B District
(1)	Private parking garage and related accessory parking areas	NP	5	10
(2)	Circulation drives	20	5	10
(3)	Recreation facilities and community rooms, including swimming pools, tennis courts and associated structures	NP	(a)	(a)
(4)	Storage shed, greenhouses and other similar accessory buildings	NP	(a)	(a)
(5)	Trash receptacles	NP	(a)	(a)
(6)	Porches, decks, patios	(a)	(a)	(a)
(7)	Guard house, gate house	-	-	-
(8)	Leasing office	(a)	(a)	(a)
(9)	Freestanding air conditioning machinery, above-ground components of geothermal energy systems, emergency generator and other similar equipment	NP	(a)	(a)

Note:

NP Not Permitted

(a) Shall maintain the same minimum yard requirement as for a principal use set forth in Section 1123.07.

(b) Accessory Retail and Service Uses. Retail sales and service establishments in an MF-3 District are permitted as accessory uses when clearly incidental to a multiple- family dwelling provided:

(1) The accessory use shall be located in a building that contains no less than fifty (50) dwelling units.

(2) Such gross floor area of the accessory use shall not exceed an area equal to fifty percent (50%) of the first floor area of the permitted multiple-family dwelling building.

(3) All such accessory uses shall be confined within the building and shall have no exterior entrance for customers.

(c) Accessory Recreational Facilities. Private swimming pools, tennis courts, and other recreational facilities may be located in a Multiple-Family District as an accessory use to a multiple-family development. Swimming pools shall be completely enclosed by a fence of sturdy construction not less than five (5) feet in height, so constructed as not to permit access to such pool except by means of a necessary gate which shall be self-closing and self-latching construction and operation. Outdoor lighting for recreational purposes shall be arranged so as not to shine on adjacent property.

(d) Trash Receptacles. Trash receptacles shall be enclosed in an approved structure or be screened from view as required by Section 1166.10(a).

(e) Fences and Walls. Fences and walls shall comply with the regulations for fences and walls in AA, A and B Districts contained in Section 1121.12.

(f) Supplemental Regulations for Enclosed Parking Spaces, Private Parking Garages, and Accessory Parking Spaces.

(1) Any enclosed parking spaces shall be provided for each dwelling unit in compliance with Chapter 1161, either in an attached private parking garage that is integrated with or in a detached private parking garage that is accessory to the principal building.

(2) Design Standards for Private Parking Garages.

A. Any attached private parking garage should be designed to be compatible and complimentary of the primary structure, including materials, color, roof design, and massing, and should not be the dominant structure on the site.

C. The garage doors of any private parking garage may face the street, side, or rear property lines.

(Ord. 025-2023. Passed 6-5-23; Ord. 010-2025. Passed 2-18-25.)

1131.01 PURPOSE.

Commercial District regulations are established to ensure the availability of suitable areas for business and commercial uses and to encourage sustainable development and practices. Desirable and beneficial uses of land are sought through these regulations to preserve and enhance the character of the City and the value of these districts. Four (4) commercial zoning districts have been established to meet the needs of the community.

(a) The C-1 Office District is for limited application along certain major streets adjacent to higher density residential areas where the integration of offices would be appropriate but where retail and commercial services would not be.

(b) The C-2 Local Retail District is established to provide standards for the continued operation of small neighborhood commercial establishments and to concentrate new retail businesses in buildings that typically locate side by side in order to promote and encourage pedestrian activity. Parking and driveways are generally located so as not to disrupt the pedestrian activity.

(c) The C-2X Multiple-Use District is established to provide standards for the continued operation of mixed use neighborhoods and to provide for dense, mixed uses along main thoroughfares and to concentrate mixed-use buildings to promote and encourage pedestrian activity. Parking and driveways are generally located so as not to disrupt the pedestrian activity.

(d) The C-3 General Commercial District is established to provide for higher intensity commercial uses (including automotive uses) along certain major streets where the level of traffic volume warrants such uses and to provide locations for commercial uses which generally require independent, freestanding buildings and larger amounts of parking. (Ord. 010-2025. Passed 2-18-25.)

1131.02 PRINCIPAL AND CONDITIONALLY PERMITTED USES.

(a) Unless otherwise provided by law, the Shared Spaces Manual, or in this Code, buildings, structures or land shall only be used or occupied following the adoption of this Zoning Code for the uses permitted herein. Schedule 1131.02, enumerates those uses that may locate in a C-1 Office, C-2 Local Retail, C-2X Multiple Use and C-3 General Commercial District as a matter of right as a principal use, and those uses which may locate in a given district only upon obtaining a conditional use permit.

(1) A use listed in Schedule 1131.02 shall be permitted by right in a district when denoted by the letter P provided that all requirements of the Codified Ordinances and this Zoning Code have been met.

(2) A use listed in Schedule 1131.02 may be permitted as a conditional use in a district when denoted by the letter C, provided that the requirements of Title Seven have been met.

(b) Although a use may be indicated as permitted or conditionally permitted in a particular commercial district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.

Schedule 1131.02

PERMITTED AND CONDITIONALLY PERMITTED USES IN COMMERCIAL DISTRICTS

Land Use Category			C-1 Office District	C-2 Local Retail District	C-2X Multiple Use District	C-3 General Commercial District
(a)	Residential Uses:
	(1)	Multiple-family dwelling as a free-standing building	C	C	C	C
	(2)	Multiple-family dwelling units above the first floor in association with permitted commercial use	P	P	P	P
	(3)	Lodging house and boarding house including convent, home for the aged, residential care facility, and other congregate living facility	C	C	C	C
	(4)	Nursing home including intermediate and long-term care facility	C	C	C	C
	(5)	Dormitories, fraternities, sororities	C	C	C	C
	(6)	Live/Work dwelling subject to the regulations of Section 1131.13 and 1165.02(j)	C	P	P	P
	(7)	Townhomes			C
	(8)	Attached Single Family Dwelling Units			C

Land Use Category			C-1 Office District	C-2 Local Retail District		C-2X Multiple Use District		C-3 General Commercial District
(b)	Office/Professional/Medical Uses:
	(1)	Offices provided that only samples of merchandise are displayed or stored in the premises	P		P		P	P
	(2)	Financial establishment without drive-through facility	P		P		P	P
	(3)	Financial establishment with drive-through facility	C		C		C	C
	(4)	Animal clinics, veterinary offices, animal training, animal grooming facilities, animal day-care facilities, overnight boarding of animals in conjunction with animal clinics, veterinary offices, animal grooming facilities and animal day-care facilities	C		C		C	C
	(5)	Funeral homes and mortuaries	C		C		C	C
	(6)	Hospitals	C		C		C	C
	(7)	Urgent care clinics	P		P		P	P
(c)	Retail/Service Uses:
	(1)	Retail establishments in wholly enclosed buildings			P		P	P
	(2)	Convenience retail and service establishments in an office building provided such business occupies no more than an area equal to one hundred percent (100%) of first floor area	P		P		P	P
	(3)	Personal services including dry cleaning, laundry, beauty salon, tattoo parlor, body piercing			P		P	P
	(4)	Restaurants bar, tavern, nightclub			P		P	P
	(5)	Catering	P		P		P	P
	(6)	Drive-through facility in association with a permitted restaurant, retail or service use			C		C	C
	(7)	Hotels	C		C		C	C

Land Use Category			C-1 Office District	C-2 Local Retail District	C-2X Multiple Use District	C-3 General Commercial District
(d)	Automotive Uses:
	(1)	Automobile sales, new or new and used				C
	(2)	Automobile rental				C
	(3)	Truck, boat sales/rental				C
	(4)	Gasoline station				C
	(5)	Car wash establishment				C
	(6)	Automobile service station - major and minor repair				C
	(7)	Parking lot as a principal use		C	C	C
	(8)	Parking deck or private parking garage as a principal use	C	C	C	C
(e)	Commercial Entertainment/Recreation Uses:
	(1)	Indoor commercial entertainment facility including game room, bowling alley, skating rink, and movie theater	P	P	P	P
	(2)	Private indoor and/or outdoor recreation including a health, tennis and racquet club	P	P	P	P
	(3)	Dance studio, exercise class	P	P	P	P
	(4)	Meeting room	C	C	C	C
	(5)	Banquet hall, party center	P	P	P	P
	(6)	Satellite dish receiving antenna	C	C	C	C
(f)	General Commercial/Light Industrial Uses:
	(1)	Shops and studios for custom work of making articles to be sold at retail on the premises		P	P	P
	(2)	Printing and publishing		P	P	P
	(3)	Storage and warehousing of goods, self-storage				C
	(4)	Research & Development, Limited	P	P	P	P

Land Use Category			C-1 Office District	C-2 Local Retail District	C-2X Multiple Use District	C-3 General Commercial District
(f)	General Commercial/Light Industrial Uses: (Cont.)
	(5)	Industrial Design	P	P	P	P
	(6)	Nursery and garden supply with accessory outdoor storage		C	C	C
	(7)	Retail/Commercial Greenhouse	C	C	C	C
(g)	Educational Facilities:
	(1)	Elementary, junior and senior high school	C	C	C	C
	(2)	College, university, trade and training schools, adult education facilities	C	C	C	C
	(3)	Day care center, preschool, tutoring center	C	C	C	C
(h)	Community Facilities:
	(1)	Public library, museum	C	C	C	C
	(2)	Public safety facilities	C	C	C	C
	(3)	Public service and maintenance facilities	C	C	C	C
	(4)	Parks, playgrounds and recreation facilities accessible to the public	C	C	C	C
	(5)	Farmer’s markets	C	C	C	C
	(6)	Community gardens	C	C	C	C
(i)	Institutional Facilities
	(1)	Places of worship	C	C	C	C

(Ord. 010-2025. Passed 2-18-25.)

1131.03 ACCESSORY USES.

When denoted by the letter A, a use listed in Schedule 1131.03 is an accessory use permitted in association with and subordinate to a permitted or conditionally permitted use in a C-1, C-2, C-2X or C-3 District subject to the regulations of Sections 1131.08 and 1131.14(c).

Schedule 1131.03

PERMITTED ACCESSORY USES

Land Use Category		C-1 Office District	C-2 Local Retail District	C-2X Multiple Use District	C-3 General Commercial District
(a)	Off-street parking and loading facilities as required and regulated in Chapter 1161, including enclosed parking spaces, private parking garages, parking decks and accessory parking spaces	A	A	A	A
(b)	Signs, as permitted and regulated in Chapter 1163	A	A	A	A
(c)	Home occupations subject to the regulations of Section 1165.02(b)	A	A	A	A
(d)	Enclosed storage building for incidental storage of goods and supplies sold on the premises		A	A	A
(e)	Employee cafeterias	A	A	A	A
(f)	Recycling collection station or trash receptacle enclosed in a principal building, in an approved structure or screened subject to the regulations of Section 1166.10	A	A	A	A
(g)	Swimming pool and associated pool house for multifamily developments			A
(h)	All accessory uses permitted within a Multiple Family District in connection with permitted multiple-family dwellings	A
(i)	Retail and service establishments not to exceed an area equal to fifty percent (50%) of the first floor area of a permitted office or multiple-family building	A
(j)	Greenhouses*	A	A	A	A
(k)	Outdoor Dining Facility	A	A	A	A
(l)	Kiosks**	A	A	A	A
(m)	Jewel Box Retail **	A	A	A	A
(n)	Open Air Cafes	A	A	A	A
(o)	Dining Patios	A	A	A	A
	Notes to Schedule 1131.03: * A Greenhouse is only permitted on the interior side yard or rear yard of a lot. In size, a Greenhouse shall not exceed twenty-five percent (25%) of the gross floor area of the principal building and shall never exceed 400 square feet. **Kiosks, Jewel Box Retail, Open Air Cafes, and Dining Patios are permitted in privately-owned and publicly-owned plaza spaces, courtyards, forecourts, and any other publicly accessible outdoor space intended for public gathering and lingering.

(Ord. 010-2025. Passed 2-18-25.)

1131.04 LOT AREA AND WIDTH REGULATIONS.

Principal buildings and uses permitted in the C-1 Office, C-2 Local Retail, and C-3 General Commercial Districts shall be located only on a lot that complies with the lot area and lot width regulations set forth in Schedule 1131.04, unless otherwise specifically provided for elsewhere in this Zoning Code. Shared Spaces shall follow the regulations set forth in the Shared Spaces Manual, as may updated from time-to-time. Principal buildings and uses permitted in the C2-X Multiple-Use District shall not have a required lot area.

(Ord. 127-2023. Passed 11-6-23; Ord. 187-2023. Passed 1-16-24.)

Schedule 1131.04

LOT AREA AND WIDTH REGULATIONS

Principal Use		Permitted Use District	Minimum Development Area (in sq. ft.)	Minimum Land Area per D.U. (d) (in sq. ft.)	Minimum Lot Width at Building Line (in feet)
(a)	Multiple-family dwellings (a)	C-1	20,000	1,740	100
(b)	Multiple-family dwelling units above the first floor (b)	C-1; C-2; C-3	10,000	1,740	70
(c)	Commercial (c)	C-1;C-2	10,000	NA	70
(d)	Commercial (c)	C-3	20,000	NA	100

Notes to Schedule 1131.04:

(a) Shall be the principal use on the lot.

(b) The first floor of the building shall be occupied by principal use other than multiple-family residences.

(d) D.U. means dwelling unit

(Ord. 187-2023. Passed 1-16-24.)

1131.05 MINIMUM LOT FRONTAGE.

Every zoning lot within the C-1, C-2, C-2X, and C-3 Districts shall have a width at the front lot line of not less than forty (40) feet, and at no point shall the width be less than forty (40) feet between the front lot line and the building line.

(Ord. 187-2023. Passed 1-16-24.)

1131.06 MINIMUM YARD REQUIREMENTS FOR PRINCIPAL USES.

In C-1 Office, C-2 Local Retail, and C-3 General Commercial Districts, each zoning lot shall maintain the minimum front, side and rear yards specified in Schedule 1131.06, except as otherwise provided for in this Chapter. Each yard shall be unobstructed by a principal use, including outdoor storage of goods, supplies and equipment as permitted in this Chapter, or a principal building, except as otherwise provided in this Zoning Code. Such areas, together with all other portions of the zoning lot not covered by permitted structures, shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition so as to assure adequate screening of parking and loading areas, as well as absorption of rainfall. Shared Spaces shall follow the regulations set forth in the Shared Spaces Manual, as may updated from time-to-time.

Schedule 1131.06
MINIMUM YARD REQUIREMENTS FOR PRINCIPAL USES (a)

		Minimum Dimensions by District (in feet)
Specified Yard		C-1, C-2 Districts	C-3 Districts
(a)	Primary Front (b)	5(b)	5(b)
(b)	Yards abutting a C Commercial District or S District
	(1) Side	0(c)	0
	(2) Rear	5	5
	(3) Secondary front when rear yard abuts	5	5
(c)	Yard abutting a MF Multiple-Family District
	(1) Side and rear	15	15
	(2) Secondary front when rear yard abuts	10	10
(d)	Yards abutting an AA, A or B Residential District
	(1) Side and rear	20	20
	(2) Secondary front when rear yard abuts	10	10

Notes to Schedule 1131.06:

(a) New multiple-family residential developments in a C-1 District must comply with the MF- 2 regulations.

(b) See Section 1131.12 for supplemental regulations for private parking garages, parking decks that are principal uses.

(c) A building not sharing a common wall with an adjacent building shall maintain the minimum separation specified in the Building Code.

(Ord. 010-2025. Passed 2-18-25.)

1131.07 HEIGHT REGULATIONS.

The height of a principal building in the C-1 Office, C-2 Local Retail and C-3 General Commercial Districts shall not exceed forty-five (45) feet. In a C-2X District, the height of a principal building shall not exceed seventy-five (75) feet, and shall use transitional zoning practices to step down and step back in massing when adjacent to AA and A Single Family, B Two Family, MF-1 and MF-2 Residential Districts, per Section 1131.16). Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of fifteen (15) feet from the building’s primary front exterior wall, does not exceed fifteen (15) feet in height and is adequately screened from view. The height of an accessory building or structure shall not exceed the height of the primary building, unless otherwise specified in this Zoning Code.

(Ord. 187-2023. Passed 1-16-24.)

1131.075 COMMERCIAL AND MIXED USE DISTRICT DESIGN STANDARDS.

The following design guidelines are applicable to all commercial buildings in the City:

(a) Windows. All ground floor windows in all buildings shall provide views to allow people to see and be seen for passive security and to encourage pedestrian activity and district viability. The degree of visibility shall be determined by use type. Windows must be constructed of clear or lightly tinted glass. Reflective glass and tinting above twenty percent (20%) is prohibited on ground floors. Higher percentages of reflectivity and tinting is allowed on second floors and above. The percentage of glazing shall be calculated along the façade facing a primary and/or secondary public street between two (2) feet and eight (8) feet above the finished floor. The adequacy and necessity of such visibility shall be part of any design review by the Planning Commission and subject to review and approval by the Zoning Administrator.

(i) Commercial Retail Uses on Ground Floors – Between twenty-five percent (25%) and seventy-five percent (75%) glazing is recommended with less than 20% reflectivity on ground floors.

(ii) Commercial Office and Live/Work on Ground Floors – A minimum of twenty-five percent (25%) glazing with greater degrees of glazing, depending upon the specific interior use is encouraged and less than twenty percent (20%) reflectivity on ground floors.

(iii) Residential Uses on Ground Floors – Between fifteen percent (15%) and thirty-five percent (35%) glazing with less than twenty percent (20%) reflectivity is recommended on ground floors.

(iv) Residential Uses on Upper Floors – Between fifteen percent (15%) and thirty-five percent (35%) glazing recommended on upper floors. Higher levels of reflectivity are permitted on upper floors.

(v) Institutional Uses – Institutional uses are exempt from glazing requirements, but are encouraged to use glazing as part of an overall design scheme along with exterior frontage treatments to create appropriate relationships between the interior spaces and the public realm. Entrances should be focal points of the façade that celebrate this relationship and highlight the transition from the public realm to the interior.

(b) Building Entrances and Siting.

(1) All buildings shall have a public entrance from the sidewalk along the Primary street frontage.

(2) Façades that abut parking areas and contain a public entrance shall make provisions for pedestrian walkways and landscape areas.

(3) If outlot buildings are a part of a large retail development, outlot buildings must define the street frontage by placement near the street with showcase windows and entrances oriented toward the street, as well as to the interior parking lot. Entrances oriented toward the interior parking lot shall make provisions for pedestrian walkways and landscape areas.

(d) Parking Structures. Parking structures are encouraged to be “faced” with commercial uses along any façade that is adjacent to a public street. Parking structures are encouraged to include screening measures designed to reduce the visual effect of headlights emanating from the structure onto and/or toward neighboring and/or adjacent properties.

(e) Surface Parking. Surface parking lots shall be screened from sidewalks and streets with some combination of shrubs, hedges, landscaping and decorative fencing and/or walls and shall be of a height to screen pedestrians from headlights on cars and trucks and shall be in compliance with Section 1166.06.

(Ord. 187-2023. Passed 1-16-24.)

1131.076 INTERIOR FRONTAGE DESIGN GUIDELINES.

Interior transition zones that include layering of elements such as furniture, window treatments, etc. are encouraged to aid in an appropriate and comfortable relationship between outside public spaces and interior semi-private and interior private spaces.

Four (4) conditions should be taken into consideration in designing appropriate relationships between interior and exterior spaces that allow people to see and be seen for passive security and to encourage pedestrian activity and district viability.

(a) The Vertical Relationship. It is recommended that Commercial spaces be located at grade with the sidewalk. It is recommended that Residential spaces include a greater degree of vertical separation in direct relationship to their proximity to the public right of way such that the closer they residential space is to the public right-of-way, the greater the degree of vertical separation.

(b) The Horizontal Dimension. It is are recommended that Commercial spaces be located at or close to the right-of-way. When they are pushed back from the public right of way and appropriate frontage zone should be employed to encourage district connectivity and viability.

(c) Window Treatments. In addition to the glazing and transparency considerations of Section 1131.075, additional tools should be employed such as interior frontage zones that push more private spaces away from the facade and use that space for semi-private uses. In addition, drapery, furniture and other layering elements should be used. Blinds are not encouraged and should be regulated. The goal is to maintain a degree of openness and visibility.

(d) Uses. It is recommended that Commercial uses have a greater degree of connectivity to the public realm whereas residential uses should have lesser degrees of connections to the public realm.

(Ord. 187-2023. Passed 1-16-24.)

1131.08 ACCESSORY USE REGULATIONS.

Accessory uses, buildings and structures permitted in rows (a) through (i) in the Permitted Accessory Uses Table a C Commercial District shall conform to the regulations of this section, and shall be landscaped and screened from view in accordance with Chapter 1166, as applicable. See Section 1131.085 for Accessory uses, buildings and structures permitted in rows (j), (k), (l), and (m).

(a) Off-Street Parking Lots. Off-street parking spaces in a parking lot may be located on the same lot as the principal use served, or may be located on a separate lot, in accordance with Section 1161.11, provided:

(1) Landscaping shall be in accordance with Sections 1166.06 and 1166.07.

(2) Parking shall not be permitted in the primary or secondary front yards or between a principal building and a public right-of-way. Drive aisles shall not be permitted between a principal building and a public right-of-way.

(b) Yard Requirements for Accessory Uses. Accessory buildings and structures shall be located in a side or rear yard in compliance with the yard regulations for principal uses set forth in Schedule 1131.06. Accessory uses defined as Kiosks, Jewel Box Retail, Open-Air Cafes and Dining Patios may be located in a primary front yard or side yard that is dedicated as public or semi-public spaces to activate the public realm.

(1) A fence located in a primary front yard shall have a maximum height of four (4) feet above ground level.

(2) In a rear or side yard, a fence shall have a maximum height of six (6) feet above ground level.

(3) A fence in the secondary front yard shall have a maximum height of six (6) feet above ground level.

(4) Any fence within 25 feet of a public right of way and parallel or approximately parallel to such street shall be approved by the Architectural Board of Review. No chain-link fencing shall be permitted in the primary or secondary front yard.

(5) No barbed wire fence shall be constructed or erected on any lot. Any nonconforming barbed wire fence shall be removed following five (5) years from the adoption of the amendment to this Zoning Code which made such fence nonconforming.

(6) A fence which has the sole purpose of enclosing a seasonal outdoor activity shall be removed during the times of the year when the seasonal activity is not in operation if it causes a nuisance or limits safe travel along public sidewalks.

(7) A pergola or other freestanding structure may be permitted in front of a building but not within the required front yard, subject to Architectural Board of Review approval.

(8) Any fence as part of a Shared Space shall follow the regulations set forth in the Shared Spaces Manual, as may be updated from time-to-time.

(Ord. 010-2025. Passed 2-18-25.)

1131.085 ACCESSORY USE REGULATIONS FOR PUBLICLY ACCESSIBLE OUTDOOR SPACES.

Building Type		Permitted Districts
	Kiosk A one-story temporary or permanent structure intended to facilitate food, retail, commercial or civic services having any kitchen equipment stored completely within the kiosk. They are a maximum of 100 square feet and their placement does not impede within any pedestrian circulation path. The interior of a kiosk is not intended for the public to enter.	C-1 C-2 C-2X C-3
	Jewel Box A one-story temporary or permanent structure intended to facilitate food, retail, commercial and/or civic services having any kitchen equipment stored completely within the jewel box. They are a maximum of 400 square feet and may have open air rooftop occupiable space. Their placement should not impede within any pedestrian circulation path and are operational and provide service year-round. Jewel box interiors are intended for the use of service personal and the public.	C-1 C-2 C-2X C-3
	Open-Air Cafe A permanently unenclosed areas for dining with food and drink services provided from a kiosk or jewel box having kitchen equipment contained within the structure with permitted shade applications. Open-Air Cafes are accessible from all sides that do not abut a building façade.	C-1 C-2 C-2X C-3
	Dining Patio A permanently unenclosed areas for dining with food and drink service provided from a restaurant in an adjacent building with permitted shade applications. Dining patios in a public, outdoor space are accessible from all sides that do not abut a building façade but are adjacent to additional public, outdoor spaces.	C-1 C-2 C-2X C-3

Kiosks, Jewel Box Retail, Open-Air Cafes, and Outdoor Dining Spaces Kiosks, Jewel Box Retail, Open-Air Cafes, and Outdoor Dining Spaces are permitted in privately owned and publicly owned plaza spaces, courtyards, forecourts, and any other publicly accessible outdoor spaces. Such features shall be treated as permitted accessory uses and shall be designed to a high standard, be aesthetically pleasing and meet all applicable building codes.

(a) KIOSKS AND JEWEL BOX STRUCTURES.

(1) Kiosks shall be a one-story temporary or permanent structure that is substantially open and transparent not obstruct views across the plaza space. Kiosks may be a maximum of 100 square feet. Kiosk placement shall not impede or be located within any pedestrian circulation path. Kiosks may be occupied by commercial and retail uses permitted in the applicable zoning district such as food or drink service, flower stands, information booths, or other activities that promote the public use and enjoyment of the publicly accessible outdoor spaces. Any kitchen equipment must be stored completely within the kiosk.

(2) Jewel Box Retail shall be a one to two story temporary or permanent structure that is substantially open and transparent so that it does not obstruct views across the plaza space. Jewel Boxes may be a maximum of 400 square feet. If the structure is more than one story, this area requirement shall apply to ground floor space only. Jewel Boxes may have open air rooftop occupiable space. Jewel Box placement shall not impede or be located within any pedestrian circulation path. Jewel Boxes may be occupied by uses that promote the public use and enjoyment of the publicly accessible outdoor spaces and adjacent retail, commercial, institutional, or personal service uses. Any kitchen equipment must be stored completely within the jewel box.

(b) OPEN-AIR CAFES AND OUTDOOR DINING.

(1) Open-Air Cafes shall be areas for dining that are open to the public but not associated with a restaurant and thus do not include service. Umbrellas, shade trees in planters, temporary fabric structures, and pergolas are permitted. Open-Air Cafes shall not line more than one third of a publicly accessible outdoor space adjacent to a public sidewalk. No circulation paths meant for general pedestrian travel may move through an Open-Air Café. Open-Air Cafes must be accessible from all sides that do not abut a building façade but are adjacent to publicly accessible outdoor space. Planters, decorative low walls no taller than 42”, and other decorative features intended to define space will be permitted on the edges of Open-Air Cafes so long as they occupy no more than 60% of the perimeter and are not permanent. All furniture, fixtures and accessories of an Open-Air Cafe shall be completely removed when the café is not in service unless they are intended for use by the public when the café is not open.

(2) Outdoor Dining Spaces shall be areas for dining by restaurant patrons with food and drink service provided from that restaurant which is located in an adjacent building as allowed by applicable zoning codes. Outdoor Dining Spaces shall not line more than one third of a publicly accessible outdoor space adjacent to a public sidewalk. No circulation paths meant for general pedestrian travel may move through an Outdoor Dining Space. Planters, decorative low walls no taller than 42”, and other decorative features intended to define the Outdoor Dining Space will be permitted, so long as they are not permanent. Umbrellas, shade trees in planters, and pergolas are permitted.

(3) Requirements for Open-Air Cafes & Outdoor Dining Patio Spaces.

(i) Open-Air Cafes and Outdoor Dining Spaces shall occupy no more than 20 percent of a publicly accessible outdoor space. This shall be calculated using all areas intended for open-air dining within the plaza even if they are not connected. Kiosks and Jewel Box structures that serve Open-Air Cafés and Outdoor Dining Spaces shall not be included in the area measurement.

(Ord. 187-2023. Passed 1-16-24.)

1131.09 SUPPLEMENTAL REGULATIONS FOR GASOLINE STATIONS.

In addition to the above regulations, gasoline stations permitted in a C-3 General Commercial District shall comply with the following standards:

(a) Gasoline stations located on a corner lot shall have not less than 100 feet frontage on each of the two (2) intersecting streets.

(b) Fuel pumps may be erected in a front yard but not less than twenty-five (25) feet from the public right of way.

(c) Pavement to provide access to a gasoline pump shall be located no less than fifteen (15) feet from the public right-of-way. The resulting open space shall be landscaped and maintained in satisfactory condition and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose.

(d) A canopy may be constructed over the pump island provided the canopy shall be no closer than fifteen (15) feet to the right of way.

(e) The only services permitted to be performed on a vehicle shall be the dispensing of fuel, oil, air and windshield wiper fluid.

(f) The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted.

(g) No merchandise, except fuel and oil, may be stored or displayed outside the building.

(h) Except while being serviced at a pump island, no vehicles shall be parked between the pump setback line and the front property line; nor on a corner lot shall any vehicles be parked between the pump setback line and the property line on either of the intersecting streets. A vehicle parked in violation hereof during the time such station is open for business shall be presumed to have been so parked with the knowledge and consent of the operator of that station.

(i) No junk, inoperative or unlicensed motor vehicles will be permitted to remain on gasoline station property for more than forty-eight (48) hours.

(j) All refuse shall be kept or stored within the building, or be screened from view as required by Section 1166.10.

(k) All outdoor wiring, including electrical and telephone wiring, shall be installed underground.

(l) At least one (1) standard tree and at least two (2) standard shrubs shall be planted and maintained on the lot for each gasoline pump on the station property subject to the regulations of Section 1166.04.

(m) A landscaped area at least fifteen (15) feet wide shall be provided on private property adjacent to the public sidewalk areas, except where interrupted by driveways.

(n) Locations where such use abuts a residential district or use shall also provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use which shall be maintained not less than ten (10) feet in depth. This buffer zone shall be landscaped with grass, standard shrubs and standard trees, subject to the regulations of Section 1166.07.

(Ord. 025-2023. Passed 6-5-23; Ord. 187-2023. Passed 1-16-24.)

1131.10 SUPPLEMENTAL REGULATIONS FOR AUTOMOBILE SALES/RENTAL.

In addition to the above regulations, business establishments for automobile sales, new or new and used, or automobile rental permitted in a C-3 General Commercial District shall comply with the following standards:

(a) Sale of new automobiles means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted as an accessory use provided the inventory of used automobiles does not exceed fifty percent (50%) of the overall inventory at any one (1) time.

(b) Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of automobiles provided these activities are conducted in a wholly enclosed building.

(c) Only repair of automobiles customarily associated with automobile sales shall be permitted, and shall be conducted inside a suitable building.

(d) No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than forty-eight (48) hours.

(e) All outdoor wiring, including electrical and telephone wiring, shall be installed underground.

(f) Locations where such use abuts a residential district or dwelling shall also provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use which shall be maintained not less than ten (10) feet in depth. This buffer zone shall be landscaped with grass, standard shrubs and standard trees, subject to the regulations of Sections 1166.06 and 1166.07.

(Ord. 025-2023. Passed 6-5-23; Ord. 187-2023. Passed 1-16-24.)

1131.11 SUPPLEMENTAL REGULATIONS FOR OUTDOOR DISPLAY, SALES OF GOODS.

The sale or service of food outside of a building; or the display or sale outside of a building of house furnishings, merchandise or vehicles, shall only be permitted as specified below:

(a) The display of oil at a gasoline station or automobile service station;

(b) The display of automobiles and other rental vehicles as permitted in the C-3 District or for which a conditional use permit has been obtained pursuant to Chapter 1153.

(c) The sale or display of flowers, plants, shrubs and trees in the open in connection with a nursery flower mart, landscape business for which a conditional use permit has been obtained pursuant to Chapter 1153.

(d) An outdoor dining facility for which a conditional use permit has been obtained pursuant to Chapter 1153, except for a Shared Space, which shall follow the regulations permitted in the Shared Spaces Manual, as may be updated from time-to-time.

(e) An outdoor dining facility or outdoor sales of goods in conjunction with a duly authorized festival, except for a Shared Space, which shall follow the regulations permitted in the Shared Spaces Manual, as may be updated from time-to-time.

(f) The display of liquid fuel, such as propane, in conjunction with a principally or conditionally-permitted use.

(Ord. 127-2023. Passed 11-6-23; Ord. 187-2023. Passed 1-16-24.)

1131.12 SUPPLEMENTAL REGULATIONS FOR OFF-STREET PARKING DECKS AND PARKING GARAGES.

Off-street parking decks and parking garages may be located on the same lot as the principal use, or may be located on a separate lot in accordance with Section 1161.06, and shall comply with the following standards:

(a) All parking decks and parking garages shall be approved by the Architectural Board of Review.

(b) A parking deck or private parking garage shall comply with the yard requirements for a principal use specified in Schedule 1131.06 except that open parking decks and open private parking garages in which vehicles are visible from the street shall be located not less than fifteen (15) feet from a public right of way.

(c) Open parking decks and open private parking garages shall be landscaped according to the requirements established in Section 1166.06.

(Ord. 187-2023. Passed 1-16-24.)

1131.13 SUPPLEMENTARY REGULATIONS FOR LIVE/WORK DWELLINGS IN COMMERCIAL DISTRICTS.

See Section 1165.02(j).

1131.14 C-2X MULTIPLE USE DISTRICT.

The C-2X Multiple Use District shall be governed by the following regulations:

(a) Lot Area and Width Regulations. There shall be no minimum area or width requirements for lots in C-2X Districts.

(b) Yard Requirements. Yard requirement shall be as set forth in the following table:

Yard	C-2X District Minimum (d)	C-2X District Maximum (d)
Primary Front	0	12 (b)
Yards abutting a C or S District
Side	0	No max. depth
Rear	5	No max. depth
Secondary Front (a)	0	No max. depth (b)
Yards abutting an MF-1 District
Side and rear	15	No max. depth
Yards abutting an MF2 & MF3 District
Side	0	No max. depth
Rear	10	No max. depth
Secondary front (a)	0	No max. depth (b)(c)
Mixed Use and Multiple family C-2X Use Yards Abutting an AA, A or B District
Side	See Section 1131.16 Transition Zone Standards
Rear	10

Townhouse C-2X Use Yards Abutting an AA, A or B District
Side and rear	10 if habitable structure within 15 feet on adjacent parcel 0 if no habitable structure within 15 feet on adjacent parcel	No max. depth
Secondary Front (a)	10	No max. depth
Yards abutting a Park District
Side	0	No max. depth
Rear	0	No max. depth

Notes:

(a) For the purposes of measuring primary and secondary front yard in C-2X Districts, the yard shall be measured from the “built-to” line, which shall be a line running along the inner edge of the existing public sidewalk.

(b) The Planning Commission may conditionally approve a primary or secondary front use, other than parking, that would result in a building being set back more than the maximum distance permitted from the “built-to” line. See Section 1131.15 for examples of appropriate conditions for frontage zones that join the building to the public right-of-way. Proper frontage zone conditions shall be part of all designs whether they occur within the right-of-way or on private property.

(c) Secondary Frontages shall be treated as front facades on secondary streets and should include architectural frontage treatments appropriate to the street they face. These frontages shall relate and transition well to the existing context on the secondary street. Where secondary frontages meet a side yard of an adjacent property, side yard transition zones shall be designed in accordance with Section 1131.16 Side Yard Transition Zones Standards.

(d) Shared Spaces within the C-2X District shall follow the regulations set forth in the Shared Spaces Manual, as may be updated from time-to-time.

(c) Frontage Zone Requirements. Frontage zone requirements shall be as set forth in Section 1131.15 C2-X Frontage Standards.

(d) District Boundaries. All properties within a C-2X District shall be within convenient walking distance of a system of public parking facilities, and the District shall contain one or more businesses which habitually draw a substantial number of customers from the region outside of Cleveland Heights as well as from Cleveland Heights residents.

(e) Other Regulations. All other regulations in the Zoning Code pertaining to commercial properties shall be applicable to properties within the C-2X Zoning District unless inconsistent with the above regulations in which case the above regulations shall govern.

(Ord. 127-2023. Passed 11-6-23; Ord. 187-2023. Passed 1-16-24; Ord. 010-2025. Passed 2-18-25.)

1131.15 C-2X FRONTAGE STANDARDS.

All buildings in C-2X Districts shall have architectural frontages and frontage zones in front of the building that connect buildings to the public realm and mediate the transition from private interior spaces to public spaces on the sidewalk.

The permitted frontage types within the C2-X District are:

(a) Arcade. A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage / build-to line. This type is conventional for retail use. The arcade shall be no less than twelve (12) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

(b) Common Yard. A frontage wherein the facade is set back substantially from the frontage / build-toline. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape.

(c) Forecourt. A frontage wherein a portion of the facade is close to the frontage / build-to line and the central portion is set back. the forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.

(d) Gallery. A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than ten (10) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

(e) Light Court. A frontage wherein the facade is set back from the frontage / build-to line by an elevated terrace or a sunken light court. This type buffers residential use from sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes in commercial uses.

(f) Porch and Fence. A frontage wherein the facade is set back from the frontage / build-to line with an attached porch permitted to encroaching. A fence at the build-to line (optional) maintains the demarcation of the yard. The porches shall be no less than eight (8) feet deep.

(g) Stoop. A frontage wherein the facade is aligned close to the frontage / build-to line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential use.

(h) Shopfront and Awning. A frontage wherein the facade is aligned close to the frontage / build-to line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

(i) Terrace. A frontage wherein the facade is set back from the frontage / build-to line by an elevated terrace or a sunken light court. This type buffers residential use from sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes in commercial uses.

Schedule 1131.15a ARCADE (a)

A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage / build-to line. This type is conventional for retail use. The arcade shall be no less than twelve (12) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

Schedule 1131.15b COMMON YARD (b)

A frontage wherein the facade is set back substantially from the frontage / build-to line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape.

Schedule 1131.15c FORECOURT (c)

A frontage wherein a portion of the facade is close to the frontage / build-to line and the central portion is set back. the forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.

Schedule 1131.15d GALLERY (d)

A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than ten (10) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

Schedule 1131.15e LIGHT COURT (e)

A frontage wherein the facade is set back from the frontage / build-to line by an elevated terrace or a sunken light court. This type buffers residential use from sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes in commercial uses.

Schedule 1131.15f PORCH AND FENCE (f)

A frontage wherein the facade is set back from the frontage/ build-to line with an attached porch permitted to encroaching. A fence at the build-to line (optional) maintains the demarcation of the yard. The porches shall be no less than eight (8) feet deep.

Schedule 1131.15g STOOP (g)

A frontage wherein the face is aligned close to the frontage / build-to line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential use.

Schedule 1131.15h SHOPFRONT AND AWNING (h)

A frontage wherein the façade is aligned close to the frontage / build-to line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

Schedule 1131.15i TERRACE (i)

(Ord. 187-2023. Passed 1-16-24.)

1131.16 C-2X SIDE YARD TRANSITION ZONE STANDARDS.

When possible, transitional zoning techniques shall be used to manage transitions from high density and intense land uses to low density and less intense land uses. All buildings in C-2X Districts shall utilize transition zones of widths determined by the use of the adjacent zone. Transition zones in a C-2X parcel shall be equal to the width of the adjacent residential parcel when it is an AA, A, B, and MF-1 District. When a C-2X District is immediately adjacent to a low density residential use (AA, A, B, and MF-1 Districts), design elements shall be used to create a reasonable buffer that protects the quality of life for those on residential parcels. The following design tools shall be employed in this effort.

Transition zone elements are as follows:

(a) Sideyard Setback Distance. In general, the more different the adjacent zone is in intensity of use and density to the C-2X Zone, the greater the side yard setback distance. See the chart in Section 1131.14.

(b) Front Setback. As the building approaches the adjacent parcel, it shall setback to more closely approach the setback of the building on the adjacent parcel. This setback must be a minimum of forty percent (40%) of the setback of the adjacent parcel’s building. The setback as measured is the distance from the back side of the sidewalk to the facade of the building. The setback for the building in the C-2X District shall begin at the point where the transition zone starts. The utilization of frontage zone techniques and transitional setbacks of the building’s massing are encouraged to develop a reasonable architectural transition. Where the entire building facade is already setback and utilizes appropriate frontage design techniques, no additional setback is required.

(c) Upper Floor Stepbacks. As the building approaches the adjacent parcel, its height shall use floor setbacks to allow for appropriate transitions from high density, intense land uses to lower density and less intense land uses. Buildings on C-2X parcels shall stepback on floors above forty-five (45) feet. Stepbacks shall be a minimum of six (6) feet. When possible, greater stepbacks are encouraged when they create useable terrace or rooftop space that looks out to the street or the rear yard, but is not encouraged to look out to the adjacent parcel for privacy purposes.

(d) Landscaping and Fencing. Where a C-2X District abuts an AA, A, B, or MF-1 District, a combination of landscaping and fencing shall be used to develop a reasonable buffer that protects the privacy of the residential neighbor.

(Ord. 187-2023. Passed 1-16-24.)

1133.01 PURPOSE.

The Park District is established to provide for the proper zoning control of public park land to ensure its preservation and protection for its recreational, aesthetic, and environmental benefits to the community and to ensure that the uses of such park lands remain compatible with the adjacent residential areas.

(Ord. 20-2012. Passed 5-21-12.)

1133.02 PERMITTED USES.

In the Park District, land and structures shall be used or occupied, or structures shall be erected, constructed, enlarged, moved, or structurally altered only for a principal use, a conditional use in accordance with Title Seven, or an accessory use to a permitted principal or conditional use specified below and regulated herein.

(a) Principal Uses. The following uses are principal uses permitted by right in a Park District provided that all requirements of the Codified Ordinances and this Zoning Code have been met:

(1) Public parks and playgrounds;

(2) Public outdoor recreation facilities;

(3) Shared spaces.

(b) Conditionally Permitted Uses. Outdoor community festivals, public indoor or outdoor entertainment, public indoor recreation and similar establishments, including ancillary concession stands, may be permitted in a Park District provided they conform to the conditions, standards and requirements of Title Seven and are approved for a particular zoning lot in accordance with the administrative provisions of Section 1115.

(c) Accessory Uses. The following accessory buildings and uses are permitted in association with and subordinate to a permitted or conditionally permitted use:

(1) Off-street parking, subject to the regulations of Chapter 1161;

(2) Signs subject to the regulations of Chapter 1163;

(3) Storage buildings, restrooms and other maintenance facilities;

(4) Fences.

(Ord. 025-2023. Passed 6-5-23; Ord. 127-2023. Passed 11-6-23.)

1133.03 LOT AREA AND WIDTH REGULATIONS.

The minimum lot area and lot width for each permitted use shall be not less than the area required to accommodate the principal and accessory buildings and uses, on-site circulation, off- street parking and required yards.

(Ord. 20-2012. Passed 5-21-12.)

1133.04 MINIMUM YARD REQUIREMENTS.

For each permitted use located in a Park District, front, side and rear yards shall be provided in accordance with the following:

(a) Principal and accessory buildings and active recreational areas shall be located no less than fifty (50) feet from a front, side and rear lot line.

(b) Any playground structure or picnic shelter shall be located no closer to a front, side or rear lot line than a distance equal to its height.

(c) Off-street parking areas shall comply with Chapter 1161 and landscaped in accordance with Sections 1166.06 and 1166.07.

(d) Shared Spaces shall follow the regulations set forth in the Shared Spaces Manual, as may be updated from time-to-time.

(Ord. 127-2023. Passed 11-6-23.)

1133.05 HEIGHT REGULATIONS.

In a Park District, the height of any building for a permitted principal use shall not exceed thirty-five (35) feet, and any permitted accessory structure shall not exceed fifteen (15) feet unless permitted elsewhere in this Zoning Code.

(Ord. 20-2012. Passed 5-21-12.)

1133.06 LIGHTING.

Floodlighting and other lighting of recreational facilities, buildings and parking areas shall be located and designed so as to shield the light source from adjoining residences.

(Ord. 20-2012. Passed 5-21-12.)

Cleveland Heights City Zoning Code

TITLE THREE

District Regulations

1121.01 PURPOSE.

(b) The A Single-Family District is established to provide for single-family residential uses on smaller lots with a minimum of 7,500 square feet.

(c) The B Two-Family District is established to permit single-family units on lots with a minimum of 7,500 square feet and two-family residential uses with a minimum lot size of 10,000 square feet.

(d) To encourage as a conditional use flexible residential development to promote creative and efficient use of land through unified development.

(f) To encourage sustainable development and practices in residential neighborhoods.

(Ord. 20-12. Passed 5-21-12.)

1121.02 PERMITTED USES.

(Ord. 025-2023. Passed 6-5-23.)

1121.03 PRINCIPAL USES.

	Land Use Category	AA District	A District	B District
(a)	Single-Family Detached Dwellings	P	P	P
(b)	Two-Family Dwellings			P

(Ord. 025-2023. Passed 6-5-23.)

1121.04 CONDITIONALLY PERMITTED USES.

(a) Planned Residential Developments (PRD);

(b) Places of worship;

(d) Public libraries;

(e) Public safety facilities;

(f) Public and private parks and playgrounds;

(g) Public recreation facilities;

(h) Golf courses;

(i) Cemeteries;

(j) Public parking (surface parking lot, parking deck, or parking garage) as a principal use;

(k) Accessory parking for uses within a MF-1, MF-2, MF-3, C-1, C-2, C-2X, C-3, S-1, or S-2 District, subject to the regulations of Section 1153.05(f) and Chapter 1161;

(l) Day care center and preschool in a school or religious institution;

(m) Day care home;

(n) Home occupation in an accessory building;

(o) Outdoor community festivals;

(p) Satellite dish receiving antenna;

(r) Adaptive reuse of non-residential buildings in residential districts;

(s) Farmers’ markets; and

(t) Community gardens.

(Ord. 010-2025. Passed 2-18-25.)

1121.05 ACCESSORY USES.

(a) Private parking garages and related residential off-street parking, subject to the regulations of Chapter 1161;

(b) Signs, subject to the regulations of Chapter 1163;

(d) Swimming pools and associated pool house;

(e) Porches, decks, patios, and gazebos;

(f) Storage shed, and other similar buildings for the storage of domestic supplies;

(g) Fences;

(h) Noncommercial greenhouse not to exceed twenty-five percent (25%) of ground floor area of the principal building;

(i) Vegetable/edible and flower gardens;

(j) Children's play equipment;

(k) Gatehouse, guard house;

(l) Parking of non-passenger vehicles, subject to the regulations of Section 1165.02(c);

(m) Parking of recreational vehicles, subject to the regulations of Section 1165.02(d);

(n) Portable on-demand storage structures, subject to the regulations of Section 1165.02(f);

(o) Rain barrels and above-ground cisterns;

(p) Laundry clotheslines;

(q) Ornamental pool;

(r) Compost bins subject to the regulations of Section 1121.12(o); and

(s) Chicken coops or runs, subject to the regulations of Section 1153.05(gg).

(Ord. 025-2023. Passed 6-5-23.)

1121.06 MINIMUM LOT AREA AND WIDTH REGULATIONS.

The minimum area and width of a lot that may be used for purposes of a dwelling are specified below.

District	Type of Dwelling	Minimum Lot Area (Square Feet)	Minimum Lot Width at Building Line (Feet)
AA	Single-Family	15,000	100
A	Single-Family	7,500	50
B	Single-Family	7,500	50
B	Two-Family	10,000	60

(Ord. 20-2012. Passed 5-21-12.)

1121.07 MINIMUM LOT FRONTAGE.

(Ord. 20-2012. Passed 5-21-12.)

1121.08 YARD REQUIREMENTS FOR PRINCIPAL USES.

Schedule 1121.08(a)

FRONT YARD SETBACKS

District		Minimum Yard in Feet	Maximum Yard in Feet
AA	Primary Front Secondary Front	30 20	No maximum No maximum
A	Primary Front Secondary Front	25 15	No maximum No maximum
B	Primary Front Secondary Front	20 10	No maximum No maximum

Schedule 1121.08(b)

SIDE YARD SETBACKS

District	Minimum Yard in Feet	Maximum Yard in Feet
AA	10	No maximum
A	5	No maximum
B	5	No maximum

(Ord. 010-2025. Passed 2-18-25.)

1121.09 DWELLING UNIT REQUIREMENTS.

District	Type of Dwelling	Minimum Floor Area Per Dwelling Unit (In Square Feet)
AA	Single Family	2,000
A	Single Family	1,500
B	Single Family	1,500
B	Two Family	1,000

(Ord. 70-2021. Passed 11-1-21.)

1121.10 HEIGHT REGULATIONS.

(Ord. 20-2012. Passed 5-21-12.)

1121.11 BUILDINGS PERMITTED ON A ZONING LOT.

(Ord. 20-2012. Passed 5-21-12.)

1121.12 ACCESSORY USE REGULATIONS.

garages established in subsection (e) hereof.

Schedule 1121.12(a)

MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES

		Minimum Distance (in feet) From
Permitted Use, Structure, Building	Yard in Which Permitted	Rear Lot Line	Side Lot Line	Secondary Frontage Lot Line (for a corner lot)	Principal Building
(1) Detached private parking garage	Rear	3(a)(i)	3(i)	25(b)	0
(1) Detached private parking garage	Side	5(a)(i)	(c)(i)	25(b)	0
(2) Pool house, other similar buildings	Rear only	5	5	(e)	0
(3) Swimming pool (above and below ground)	Rear and side	15	15	15(b)	5
(4) Deck, porch, handicap ramp, steps, and similar structures exceeding 3 feet in height (f)	Rear and side	5	5	(d)	0
	Primary Front		See Section 1121.12(b)
(5) Deck, patio, porch steps, ornamental pool, coldframe and similar structures not exceeding 3 feet in height (f)	Rear and side	3	3	(d)	0
	Primary Front		See Section 1121.12(b)
(6) Fences exceeding 4 feet in height	Rear, side, primary front, and secondary front	(g)	(g)	(g)	0(g)
(7) Fences not exceeding 4 feet in height (k)	Side, rear, primary front and secondary front	0(g)	0(g)	0(g)	0(g)
(8) Sidewalk and driveway	Side, rear, primary front and secondary front	3	3	NA	0
(9) Hot tubs	Rear and side	5	5	NP	5

		Minimum Distance (in feet) From
Permitted Use, Structure, Building	Yard in Which Permitted	Rear Lot Line	Side Lot Line	Side Street (Corner Lot)	Principal Building
(10) Freestanding air conditioning machinery, emergency generator, above-ground components of geothermal energy systems, and other similar equipment	Rear and side, except not in required minimum side yard (see Section 1121.08) and standard screening, see note (m).	3	AA-10 & A&B-5	NP	NA
(11) Rain Barrels and Above Ground Cisterns (j)	Rear, side, primary front and secondary front	(j)	(j)	(j)	0
(12) Laundry clothesline	Rear only	3	3	NA	0
(13) Vegetable/edible gardens	Rear, side, primary front and secondary front (l)	0 0(l)	0 0(l)	0 0(l)	0 0(l)
(14) Compost Bin(s) (n)	Side and rear	3	3	NA	3
(15) Chicken coop and run	Rear	10	10	NA	10
(16) Storage sheds	Rear	3	3	(e)	0